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Old 25th Mar 2018, 13:37
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custardpsc
 
Join Date: Jul 2008
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For the benefit of others in this situation and to clarify :

If you have made 6 trips as a paid pilot that either begin or end in the UK then you are in the scope of 'relevant job'. This means you can't use the third automatic test which is the usual easy answer. So you have to plough your way through the other tests and possibly the ties.

As for counting as a work day in the UK this may or may not be relevant , depending on on what test you need to apply. But, yes, likely these do count as work days. p44 of RDR3 guidance notes ( link in posts above) has all of the rules , clearly stated. Including the discussion of trips vs sectors to determine work days.

Page 43 of the guidance notes clarifies the 6 trips rule

Workers with relevant jobs and the third automatic UK and overseas tests
3.29
If you have a relevant job at any time during the year, neither the
third automatic UK test nor the third automatic overseas test will apply to you if you
make at least 6 cross-border trips in the year that either begin or end in the UK. This means that you cannot be
UK resident on the grounds that you work full-time in the UK and that you cannot be non-UK resident on the
grounds that you work full-time overseas. However, you can still determine your
residence status by reference to the other automatic tests where they apply to
you. If you do not meet any of the other automatic tests, you will need to
consider the sufficient ties test to determine your residence status.
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